- 11 U.S.C.
Alabama One Credit Union v. Darnell (In re Darnell)
Feb
12
2010
Ruling
Failure to report theft of Honda TRX to secured creditor did not cause willful or malicious injury.
Procedural posture
Plaintiff, a creditor whose debt was secured by Honda TRX vehicles, filed a complaint to determine the dischargeability of the debts, based on a willful and malicious injury pursuant to 11 U.S.C.S. § 523(a)(6). The debtor intended to surrender the collateral, but alleged it was stolen from his hunting club before he could do so. The creditor claimed it was advised of the theft until it was too late to receive insurance benefits.
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Court
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